Page:United States Statutes at Large Volume 98 Part 3.djvu/825

 PUBLIC LAW 98-615—NOV. 8, 1984

98 STAT. 3197

within the same period that, and subject to the same conditions under which, an election could be made under paragraph (5)(B) of this subsection for a current spouse (subject to the provisions of this paragraph relating to consent of a current spouse, if the retired employee or Member is then married). The opportunity to make an election under the preceding sentence is in addition to any opportunity otherwise afforded under this paragraph. "(4) In order to provide a survivor annuity or combination of survivor annuities under subsections (b), (d), (f), and (h) of section 8341 of this title, the annuity of an employee or Member (or any Post, p. 3199. designated portion or portions thereof) is reduced by 2V2 percent of the first $3,600 thereof plus 10 percent of so much thereof as exceeds $3,600. "(5)(A) Any reduction in an annuity for the purpose of providing a Termination survivor annuity for the current spouse of a retired employee or dates. Member shall be terminated for each full month— "(i) after the death of the spouse, or "(ii) after the dissolution of the spouse's marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8341(h) of this title. Post, p. 3199. "(B)(i) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies, unless the employee or Member elects, within 2 years after the former spouse's death or remarriage, to continue the reduction in order to provide a survivor annuity or increase the survivor annuity for the current spouse of the retired employee or Member. "(ii) Notwithstanding clause (i) of this subparagraph— "(I) a reduction in an annuity shall not be terminated under such clause, and "(ID an election made under such clause with respect to a current spouse after a remarriage before age 55 or the death of a former spouse shall not be effective, if, and to the extent that, continuation of the reduction is necessary in order to provide for any survivor annuity, or any increase in a survivor annuity, which becomes payable under section 8341(h)(2) of this title to any other former spouse as a result of such remarriage or death. "(C)(i) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee or Member's spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8341(h) of this title (or of the last such surviving former spouse, if there was more than one), a reduction in the employee or Member's annuity under paragraph (4) of this subsection for the purpose of providing an annuity for such employee or Member's spouse in the event such spouse survives the employee or Member. "(ii) Such election and reduction shall be effective the first day of Effective date. the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage, and the retired

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